Newport Beach : 2nd Brutality Suit Filed in Arrests of Brothers

A former Costa Mesa resident filed a $10-million police brutality suit Tuesday against the Newport Beach Police Department, a day after his brother lost a similar case in federal court. John Larry Heath, 37, of Minneapolis, claims his civil rights were violated when he and his brother, Robert Heath, were arrested outside the Stag Bar in Newport Beach in 1983.

John Heath’s lawsuit claims he suffered bruises on his legs, allegedly from the night sticks carried by four police officers. Both John and his brother were involved in a scuffle with police on June 24, 1983, according to court records.

On Monday, a six-member U.S. District Court jury in Los Angeles found the officers did not violate Robert Heath’s civil rights and denied his claim for damages. Robert Heath, a 39-year-old former dentist who now lives in Naples, Fla., , had sued the department for $5 million in damages, claiming he suffered permanent brain damage and partial paralysis of his right hand. He contended he lost his dental practice because of the injuries suffered in the scuffle with police.

However, Thomas Feeley, an attorney representing the officers, said Heath had closed his practice in North Dakota months before the incident. Both Heath brothers were charged with battery on the police officers, but the case was later dismissed.